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2026 Supreme(Online)(Ker) 16075

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
JITHU – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1276 OF 2026 | CRIME NO.50/2026



Advocates:
For the Appellants/Petitioners: Sri.M.J.POLLY
For the Respondents: Sri. K.A. NOUSHAD, SR. PP

Bail granted due to insufficient evidence and absence of prior criminal record.

Headnote:The application for regular bail was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding applicants accused in Crime No.50/2026 under the NDPS Act. The prosecution alleges possession of illegal substances by the applicants. The court finds the applicants entitled to bail due to lack of evidence connecting them to the alleged crime and absence of criminal antecedents. The applicants must comply with specific bail conditions including non-contact with prosecution witnesses.

Table of Content
1. allegations of possession under the ndps act. (Para 2)
2. arguments regarding innocence and evidence. (Para 4 , 5)

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS )

seeking regular bail.

2. The applicants are the accused Nos. 1 and 2 in Crime No.50/2026 of Aloor Police Station, Thrissur District. The offence alleged is punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, the NDPS Act).

3. The prosecution case, in short, is that on

24.1.2026 at 17.30 hours, the applicants were found in possession of 6 kilograms and 50 grams of dried cannabis sativa in three covers inside a container, in a Volkswagen Polo car bearing registration No.KL-64-H-0405 parked in the parking area of Kombidinjamakkal Kadambat Tower in contravention of the NDPS Act.

4. I have heard Sri.Polly M.J., the learned counsel for the applicants and Sri. K.A. Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage. 6. The applicants were remanded to judicial custody on 24.1.2026. The investigation is almost over. The recovery has been effected. The applicants have no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF BAIL APPL. NO. 1276 OF 2026 PETITIONER ANNEXURES Annexure A 1 THE ORDER OF THE DISTRICT AND SESSIONS COURT, THRISSUR IN CRL. MP NO. 1/ 2026 IN CRIME . NO. 50/2026 OF ALOOR POLICE STATION DATED 26-02-2026

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